More evidence the Constitution limited federal power
In my last post I showed how pre-Revolutionary colonial pamphlets espousing the American cause tend to rebut a favorite theory
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How Pre-Revolution Pamphlets Help Show that a Key “Progressive” Constitutional Theory Is Wrong
Writers on the Constitution frequently overlook valuable aids to interpreting the document. I previously have mentioned the example of eighteenth-century
Obamacare is NOT “necessary and proper”
The Independence Institute has filed amicus briefs in two of the anti-Obamacare cases. The briefs focus specifically on the Necessary
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Yes, you can vote on taxes and laws in a republic!
Despite what you may have heard, allowing people to vote on taxes and other laws is completely consistent with the
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GOP blocks Liu from federal judgeship
There has been much attention recently on the Republican decision to block President Obama’s nomination of law professor Goodwin Liu
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Does the Necessary and Proper Clause Grant “Broad Authority” to Congress? Actually, None at All
Probably no part of the Constitution has been so misunderstood as the Necessary and Proper Clause, which is located at
What about Interstate Compacts? A frank look at the problems
In recent months, there has been interest in states forming compacts with each other to opt out of ObamaCare or
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Constitutional powers the states have, and the feds do not
The Constitution enumerates the power of the federal government—but are there authoritative lists of those powers reserved to the states
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The importance of being “natural born”
The Constitution’s Framers thought deeply about the qualifications for federal office. Those qualifications are in the Constitution for very good
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Control of the state courts—the latest federal takeover target?
[T]his bill . . . is an attack on state courts and on the civil jury system itself.
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Is health insurance “Commerce among the States?”
Behind the current constitutional debates over ObamaCare, there is an assumption that Congress has power to regulate health insurance as
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Obama’s Libyan Operations are Unconstitutional
You can sympathize with the humanitarian motives of our Libyan intervention while still doubting its constitutionality. The Constitution prescribes the
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